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HomeMy WebLinkAboutZBA-03/09/1989APPEALS BOARD MEMBERS GERARD Po ~EHRINGER, CHAIRIAAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Board of APpeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, I..I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (518) 765-1823 THURSDAYt MARCH 9t 1989 A Regular Meeting Was held by the Southold To~n Board of Appeals on ~HURSDAY, ~RCH 9, 1989 cc~encing at 7:30 o'clock p.m. at the Southold Town Hall (Assembly Room), ~ain Road, Southold, New York. Present were: Gerard P. Goehringer, Chairman; Serge Doyen, Jr.; Charles Grigo~is, Jr.; Joseph H. Sawicki; and Ja~es Dinizio, Jr., 'constituting all five ~embers of the Board. Also present were: Linda Kowalski, Board Assistant/SecretarY. Present in the audience was a varying nmaber of persons, between 12 and 65 persons. Included were representatives fr°m the Building Department (Principal Build/ng Inspector victor Lessard, Senior Building Inspector Curtis Horton, and Building Inspector Thomas Fisher). The Chairman opel~d the meeting at 7:30 p.m. and proceeding with the public hearings, as follo~ (see verbatim transcri, pts of hearing prepared under separate ocverbyLinda Kow&lski and attached for reference): 7:~0 p.m. Appl. No. 3826 - c~,~DYS W. HOWELL. Variance to the Zoning Ordinance, Article VII, Section 100-71 for-approval of conversion of existing accessory building for dwelling use, accessory to the main dwelling structure, in this Residential-Office Zone District. 51470 Mean Road, S0uthold, NY; 1000-70-2-2. Following testimony, motion was ma~e by Mr. Goehringer, secom~ed by Mr. Grigonis, and duly carried, to declare the hearing concluded, pe~ling deliberations and decision at a later meeting. S~uthold Town Board of Appeals -R- ~larch 9, 1989 Regular Meeting (Hearings, continued:) 7:38 p.m. AI~i. No. 3825 - SUSAN A. FOrBeS. Variance for approval of open deck addition withan in~ufficient f~ont yard setback. Lot area of premises is no~confoLming at approx. 11,300 sq. ft. in this R-80 ZoaeDistrict. l~ation: 1075 Narrow River Road, Orient; 1000-27-3-6.2. Followin~ ~est~mo~y, motion was madebyltr. Goebxi~ger, se~mm~dbyNr. SaW, ck,, and duly c&rxied, to conclude the hsa~ing, pendingdelibe~ations and action at a later time. 7:42 p.m. Ap~i. No. 3813 - ~m~G~HILLS. · u TruStee for Barterama Corp. ~lo~ees Profit-Sharing Trmst. Variances to the Zoa~ng~~, Art. III, Section 100-32C m~d. COlusmiii of the Bulk Schedule for permission to: {a) red~e side yards to less than the required 20 and 25 feet; and (b) reduced the total sidelmrds at less than.the required 45 feet to~l, o~this 2+ acre v&oa~t parcel. Zone. R-80. Lo~atio~= Private Road ~11, Aldrich Lane Extension, extending off ~.he N/s of: Sound Avenue, Natt~tuck, NY~ 1000-112-1-12. Planning Board approved set-off divisiee Narch 4, 1985. Thehearing ope~ ~ wse recessed, u req~estedbFthe al~lio~nt, until next mOnth's hearing c&lendar [See further postponementbyal~licant hearing was agreed for JHne 15, 1989 as a final date with no further postponement). 7:45 p.m. APP1. No. 3828 - ROS~NARY SULLIVAN. Varia~ces for permission to coastruct 10' by 14' addition (replacing existing deck) with an insufficient rearyard setbackand in excess of the maximma 20% lot coverage requireme~t. Zone District: R-40'. Location of Property: 5365 Peco~iciBay Boulevard, Laurel~ 1000-128-1-11. Testimoay was recoxded and ~he following action was taker ia~ediatel¥ at the end of the subject hearing: (Continued on Pages 3, 4 and 5) Southold Town Board of Appeals -3- March g, 1989 Regular Meeting DELIBERATIONS/DECISION: ACTIO~ OF TH~ BOARD OF APPEALS Appeal No. 3828 Upon application of RO~i~ARy SULLIVAN for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to c~nstruct 10 ft. by 14 ft. addition (replacing existing deck) w~th an insufficient rearyard setback and in excess of the maximum 20% lot coverage requ/rement. Zone District: R-40. Location of Property: 5365 Peconic Bay Boulevard, Laurel, County Tax Nap District 1000, Section 128, Block 1, Lot 11. WHEREAS, a public hearing was held and concluded on March 9, 1989 in the Matter of the Application of ROSemARY SULLV~/~ under Appeal No. 3828~ and W~&~S, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testi~ony and documentation su~itte~ concerning this application; and Wh~REAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact= Sovthold Town Board of Appeals -4- March 9, 1989 Re~ular Meeting (SULLIVAN decision, co~tinued: ) 1. By this application, appellants request a Vuiuce un,er Article III, Section 100-32 for pemission to oo~t~uct a 10 ft. by 14 ft. screened-in porch addition, with a setback of not less than 25 feet to the rear proj~rty line an~ as more particularly s~o~n by sketched copy of a survey date~ June I, 1959 of Alden W. Young, L.S. 2. The pre~isan in question is an .163-&crepa~ce1 of land situated aloag ~he north(westerly} s~de of PecoaicB&yBoulevard in the Hamlet of Mettituck, Town of Sou~hold, a~d ~ particularly ide~ifie~on the Suffolk County TaxMeps as District 1000, Section 128, Block 1, Lot 11. 3. The subject parcel is improved with a single-family, o~e-stor~ frame house, which is presently seth&ok at ~rox4~tely 35 feet fr~a the front property line. 4. Article III, Section 100-32 of the Zoning ~ requires a minimum rearyard setback for parcels located in the R-40 Zone District at 50 feet. Section 100-244 of the Zoning COde allows a reduction of the rearyard setback for lots co~ta~n~g less than 20,000 sg. ft. in area to a minimum of 35 feet. (The previous zone d/strict in January 1989 for this parceA was "A" Residential and Ag~ic~ltural, which required a mi~/~ rearyard setback at 35 feet per Section 100-31 and Bulk Schedule, Column "A.") 5. For the record, it is noted that ~he parcel ~n question has a ~epth of 95 feet, lot width of 75 feet, a~d total lot area of a~roximately 7109 sq. ft. The premises is improved with a si~gle-fA~ly, one-story frame house of approxi~atel~ 24 ft. by 35 feet, exclusive of existing carport. 6. It is the position of th~s Board in considering this application that: (a) the circumstances are unique to the property and are not personal in nature; (b) the relief requested is not unreasonable and is the minimal necessary; (c) the relief requested will not alter the essential character of the neighborhood; (d~ there is no other mo~hod feasible for appellant to pursue other than a variance~ Southold Town Board of Appeals -5-March 9, 1989 Regular Meeting (SULLIVAN decision, continued: ) (e) the variance, if granted, will no~ in tmxn be adverse to the safety, health, welfare, co,fort, co~ve~ienoe, or order of the town, or be adverse to neighboring properties; (f) the interests of Justice will be served by granting the variance. Accordingly, on motion by Hr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GP~NT the relief requested under Appeal No. 3828 in the Matter of ItOS~t~Y SULLIVAN for permission to construct 10 ft. by 14 ft. (screened-in) porch add/tion with a rearyard setback at not less than 25 feet, as applied. Vote of the Board: Ayes: Grigonis, Sawicki, and Dinizio. adopted. Messrs. Goehringer, Doyen, This resolution was duly PUBLIC HEARINGS, continued (also, see verbatim transcripts of hearing prepared un, er separate cover and attached for reference): 7:50 p.m. Appl. No. 3823 - T~0~AS T~PSO~. Variance for approval of existing swin~ingpool withd~k areas whiohwill have insufficient rearyazd setback when ~tachedby a raised deck ~o the rear of existing dwe]liHg. Zone. AC. Location: 2890 Bridge Lane, Cutchogue; Lot ~10 of Ismar ~res approve~ 3/13/73; 1000-85-2-22. Testimol~y was recorded an~ following action was taken: (Continued on next ~bree pages) Southold Town Board of Appeals -6- March 1989 Regula~ Meeting DELIBERATIONS/DECISION: ACTION OF THE BOARD Off APPEALS Appeal No. 3823: ~pplication of ~ ~ for a V~riance to, the Zoning Ordinance, ~rticle III, Section 100-32 and Bulk Schedule for approval of existing sw~mingpool withdeokareaswh~ch will have an insufficient rear yard ~e~baok~hen attached by a raised deck to the rear of the existing d~elling. Zone District: Agricultural-Conservation (A-C)i Locatio~ of Property: 2980 Bridge Lane, Cutchogue, NY; Lot %10 on Na~ of Ismar Acres (Approved March 13, 1973); County Tax Map District 1000, Section 85, Block 2, Lot 22. WHEREAS, a public hearing was held a~d concluded, on March 9, 1989 in the ~atter of the Application of THOM~S THOMPSON under Appeal No. 3823~ and ~m~AS, at said hearing all those who desired to he heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WH~I~EAS, the Board Members have personally viewe~ and are familiar with the premises in question, its present zoning, and the surrounding areas; and WhsKEAS, the Board made the following findings of fact: 1. The premises.in question is located along the easterly side of Bridge Lane, an the Hamlet of Peconic, Town of Southold, and is identified on the Suffolk County Tax ~aps as District 1000, Section 85, Block 2, Lot 22. 2. The subject premises is a described parcel of land containing a total area of 41,585 sq. ft., lot frontage of 135.0 feet, and lot depth of 326+- feet, and is ileproved with a single-f~m~ly, two-story frame house and accessory inground swiemingpool with decks and fence enclosure, all as sketched on survey dated February 3, 1984 (of l~xlerick VanTuy1, P.C.). Southold Town Board of Appeals -7-March 9, 1989 Regular Meeting (Appeal No. 3823 - THO~PSO~ decision, continued: ) 3. By this application, appellants request a variance from Article III, Section 100-32, and Bulk Schedule of the Zo~/ng Code, for approval of the construction of raised d~ok between the existing pool de=ks and ~elling, thereby c~tnging the status of the entire pool construction from ac~essorF to part of the principal structure. 4. Article ZZ], Section 100-32(B){1,2 & 4),an{nLm{mmaO~lC°lumn of the Bulk S~ed~le, of the Zoning Code requires rea=yard setback at 50 feet. The ~w~lling without d~_ is sho~n to he set back at 96+- feet from ~he rear property line (see original svrvey, without pool an~ deck co~truc~ioa, prepare~ by Roderick VanTuyl, P.O. ). 5. By Building Permit No. 16534Z, approval was granted by the Building Department authorizing comstru~tion of accessory pool construction in the rear yard area with a setback at 50+- feet, exclusive of fence enclosure and decks. It ~oe~ ~ot at, ear that any reference was made as to proposed aeons or step ar~as from the dwelling to the pool, althotlgh this ty~e of C~struction is ver~ c~on within the To~n of Southo~d. 6. The amount of relief requested by this al~liC~tion is 15 feet from the current zoning code, effectuated on Or about J&nusry 22, 1989, Section ~00-32B (1,2 and/or 4). The zoning requirement prior to January 22, 1989, required a ml~umm rear yard setback for a principal structure at not less th~n 50 feet under colm-~ A-40 of the B~lk Schedule, and Section 100-31. 7. In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance~ (b) the variance requested is uniquely related to the property and will not alter the essential character of the neighborhood~ (c} the variance requested is the minimal neoessary to afford relief and is not substantial; (d} the variance will not in turn he adverse to the safety, health, welfare, c~afort, convenience or order of the town, or be adverse to neighboring properties; (e} in view of all of the above factors, the Sou~hold Town Board of Appeals -8- March 9, 1989 Regular Meeting (Appeal No. 3823 - TH~iPSOH dec/sion, continued:) interests of justice will be served b~ granting the relief, as requested and co~ditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Goehringer and Mr. Sawicki, it was RESOLVED, to GRANT the relief requested for oonmtruction of deck between the rear of existing ~we11~ng structure :and the existing swJ~ningpool construction, as shown on the sketch subs~tted for consid~E&tion under Appeal No. 3823 in the Matter of the Application of TflOMASTHOHPS~q. Vote of the Board: Ayes: Messrs. ~oehringer, ~rigonis, Doyen, Sawicki, and Dini~io. This resolution was dulY adopted. Southold To~n Board of Appeals -9- Naroh 9, 1989 Regular Meeting PUI~IC HEARINGS, continued: 7:55 p.m. Appl. No. 3830 - CRARLRS BRLL. Variances for permission to construct addition at rear of dwellinqwith an i~uffiuient rear y~rd set~aok. Z~: R-40. Location: 1330 Do~naDrive, Nattituok; Lot J32 Daa~Hole Creek Estates; 1000-115-15-15. Follo~ing te~timolty, ~otiom was ~ade by Nr. ~oehringer, secoadedbyNr. ~eiok!, and duly carried, to oonclude the.hearing (pendingdeliberatlons and decision at a later meeting). Notioawas made at this timebyNr. C~hringer, Seconded by Nr. Sawicki, and daly carried, to recess for approximately three minutes. ~~a~'~SG: The maetin~ reconvened at 8=08 p.m. Notion was madebyNr. Goehrin~er, sec~adedbyNr, sawieki, and duly carried, to reoonvene at this time. 8:08 p.m. Appl. No. 3814 - ~YCK KOKE. Variance for accessory pool ~ith fence enclosure in the sideyard area. Zone: R-40. Locat%on. 245 Ktmberly La~e, Southold; ParadiSe By the Bay Sal~ivis~on Lot No. 2. (Reh~aring by ,m~iaw~S Vo~e of the ~abers present in order to a11owlfurther questionning and/or entry of additional facts, evidenc~ and testimony, ami amendments ~smaybe requiredun~r the ne~ly adoptedMaster Plan provisio~s to effectuate ~he]sa~e. (The hearing was previously cof~luded on 1/12/89.)] Following receipt Of testimony, motionwasmadebyNr. ~oehringer, seconde~by Hr. Gr[goais, and duly oarried, t~ conclude the verbatimportion of the hear/~ng and exten~t.hewrit~enportion (for sulSaission within the next two weeks o~ written material as dis~na~sed during the hearing). 8:50 p.m. Appl. No. 3824:- N~CK AND KATIE NICKO~. Variance to locate accessory bUild~n~ i9 an area otJ~.~ than the required rearyard. Zone: R-80. Looatzon: 17555 soUmiview Avenue, Southold; 1000-51-1-2. F~llowing testi~ony, n~tion was made by Mr. ~oehrin~er, seconded~yNr. Grigonis, and duly carried, to conclude the hearing I~nding deliberations). 8:54 p.m. Appl. Ho. 3811 - ~CHARDANDJANETSCHLIIHPF. variances: (a) to t~e zoning 0r61nence for permission to ~onetruct principal tmil~tng witl~la~ insu~flaient front yard setback; (b) for approval of ac~ams under New York Town Law, South~ld Town Board of Appeals -lb March 9, 1989 Regular Meeting PUBLIC HEARINGS, continued: Section 280-a over private ~OW =Qferr~ to as Silkwo=th Road extending rrm the east side of~estphalia Avenue (P~_d), Mattitac~. ~e: _R~40. Lo~at~O~t: Lob %1, MaR o~ Point Pleasant, 1000-113 9 12. Follo~+~ testimony, mo~ionwasmade by~r. ~oe~xi~r, se~edbyMr. Sawi0ki, and d~lyc~xrfedto to conclude the hearing (pending deliberations). ! 9:02 p.m. Ap~i. Mo. 3785 '- RaqYIII31~D F. NI~E, PA~LANINE and ~ ZA~RA. S~eclsl ~l~to ~ttsh ~ ~ ~t Use," ~ ~-~p~ ~1~, o~ ~ a hotel, ~re 1~i~ ~ bre~ut is pr~for ~re ~ six Casual, tr~t~t r~s, ~dr~ti~ef n~re ~ t~ee r~oms,' tn conjuncttonwtthowner-o~cu~i~mcTas a single-family dwelling u~e. Locat/on: N/s New SaffOlk Avenue, ~ttituck~ 1000-114-11-20. Zone: R-40. (See~verl~atimtranm~ril~tof hearing for statements and particulars.) TEM1K~J%~Y R~CE~S: Motion was mmda bF ~r. C~hringer, seconded by Nx. Sawioki, and duly carried, to take a short recess. ~E~,~TING: On motionb~r. ~oebxinqer, seconded by Mr. Grigo~is, and duly carrted~ to reco~vene. The meeting was reconvened at 9:35 p.m. 9:35 p.m. ~ ~]~RIN~: App1. Mo. 3785 - PAW .k NZ cmuums ZA U . . x tten to establish "Bed and Break~aat use., Follo~ing testimony, motion Mr. ~rigonis, and duly carried, lto.re~s th~ hear~ngunttl the lut hearing of the evening, lot c0nti~ued discussions. 9:43 p.m. APpl. No. 3829 ~ Bp~WB:HSWOODSASSOCIATI~and BARBaaAI~I~ fo~ a Reversal of ~.Deteu~mination bFBt~ildlng Inspector to Grant Building Permit .No. 17508z dated O~tc~er 6, 988 a "sts l[ Ul ing ~ats to ~ l~a~ at pr~i~S ~err~ to as ~ A ~, now or f~r~rly owned ~y Wiokh~ ~s~ ~ioa, I~. Zone District. Marine II. (Previous ~ District: B-Light ~siness.) [~ll~n was fil~]~ltt~ t~ ~io~ ZO~g C~, ~t. ~, ~Ctt~ 100 60 and 100-~1, ~ ~t. ~V. ~ ~lng ~ttcte ~II for ~ s~ or s~t~ ~ovistou for t~s M-II Zone District. Pro~y L~ation:.~ W/s Wick~ A~, ~ttituok; Southold To~n Board of Appeals -11- March 9, 1989 Regular Meeting (Ap~I. No. 3829 - ~ WOODS ASSN. hearing, continued:) 1000-114-3-1. Following testimony, ~otion was made by Mr. Guebrl~ger, seoo~ by Nr. Grigonls, an~ duly carried, to take a sho~t recess at this tl~e (10:58 p.m.). The meeti~g was recessed between 10:58 an~ 11:07 p.m. Notion w~mede by ~r. Goehringer, seco~le~byMr. S&wicki, amld~lyoaxried, to reconve~e the hearing ~s-~er AP~i.:No. 3829 at this tJ~e. The hearing reoonven~l et 11:07 p.m. (See verbatim trans~ipt of hearing for~acussioa~prepare(lun~er separate coverall attached for reference.) 11:10 p.m. - lt~C~, H~AR/NG: APpl. No. 3785S~ - RAYMOND NIH, ~ ~ ami P~LA ~U. ~otioa was ~ade by F~. Goehringer, seconded by ~r. Grigonis, and duly carried, to reconvene this hea~ing at this t~mel (See verbatim transcript of he,ring prel~re~ u~ter separate cover and atta~ed for reference.) Follo~ing testis~nF, a motion was made ~r. Goehringer, ~eco~edby~r. Grigoais, to r~ess ~ ~ring ~t[l the ~ R~ ~et~g o~ ~ay, April I3f 1989. Vote of ~ ~d: ~s: ~ssr~. ~inger, Grig~s, ~ ~n. ~: ~rs. ~w~i ~'Dl~o. Foll~i~t~ ad~tion of ~is resolu~on, ~.~e~ntion~ ~at t~ ==cti~l~s~n re~ fgr a S~c~al~etl~of t~ ~d of ~ls f~ ~y, ~r~ 16, 1989, ~ th}t the ~i~ula~ ~le to~ res~a~ t~t t~, wl~t ~gve~t~s~ ~ 1~ a~ it Is r~es8~ with a s~cific ~te. · na~ resolution w~ ~n ~, ~ ~. carrie, to r~ess ~ ~e~ing ~il next ~sday, ~ch 16, 1989, ~ to re~i~ t~ ~evi~s ~resoluti~ch ~1~ a ~ate o~ ~il 13, 1989. ~ a~l~t ~ the adJoin~ pro~rty ~r ~re ~ld t~t ~ten sent within the next ~y or t~. Southold Town Board of Appeals-12~harch 9, 1989 Regular Meeting LIST OF PENDING APPLICATIONS, continued:) Appl. No. 3549 - J. KAELIN AND B. GIBBS. Variances for insufficient area, width and depth. N/s Main Road, Orient. Await P.B. appl., etc. and Co. Health action or waiver. 1000-18-2-29.1 Appl. No. 3367 - LOIS AND PATRICIA LESNIKOWSKI. Variance for two parcels with insufficient area and width. S/s North Drive, Mattituck. Await DEC and preexisting CO. 106-6-26, 27 Appl. No. 3403 - ANNA LORIA. Variance of two parcels with insufficient area, width and depth in this pending subdivision. W/s First Street and N/s King Street, New Suffolk. AWait Co. Health Article VI action. Appl. No. 3600SE - THOMAS LUCAS and G. motels at 69700 Main Road, Greenport. additional information. 45-5-2. & A. BELIS. Construct Await Planning Board and A~pl. No. 3667 - JOHN MULHO?.?.~ND. Addition to dwelling within 75 feet of wetlands. 725 Island View Lane, Greenport. Await DEC input. 57-2-24. Appl. No. 3558 - NICK AND ANNA PALEOS. Variance as to insufficient area, width and depth of three lots. S/s CR 48, Peconic. Await Article 6 and Planning Board input. 52-2- Appl. No. 3770 - PORT OF EGYPT E~RPRISES. Variance to construct storage building. Awaiting SEQI~ coordination. S/s Main Road, Southold. Now Zoned MII. Appl. No. 3442 - PHILIP R. REINHARDT. Variance for area and width reduction of two proposed parcels. Hold for Planning Board and Article VI. 70-6-19 Appl. No. - THOMAS SAMUELS. Subdivision and retailing wall. 111-1-40. Incomplete application. Appl. No. 3614 - ROBERT AND ETHEL SCHROEDER. Interpretation request. Await further direction from applicant's attorney. S/s Main Road, East Marion. 35-5-4. App1. No. 3545 - PATRICK STIGLIANI. subdivision. Await Co. Health Art. Southold. 78-7-43. Area variances in proposed VI. Main Bayview Road, Southold Town Board of Appeals ~l~arch 9, 1989 Regular Meeting UPDATED LIST OF PENDING APPLICATIONS: Appl. No. 3746 - JOSEPH HARDY. Variance for plumbing storage building. S/s Main Road, Mattituck. Await direction from applicant's attorney under new zoning code. 1000-114-11-05. Appl. No. 3747 - JOSEPH HARDY. Special Exception for plumbing use(s) in proposed building. S/s Main Road, Mattituck. Await direction from applicant's attorney un~er new zoning code. 1000-114-11-05. Appl. No. 3685 - LESTER AND HOPE ALmERTSON. Set-off of lot. Await maps and ROW easement per P.B. letter. 1000-63-3-10. Appl. No. 3259 - NICHOLAS ALIANO. Special Exception to building four, two-story motel buildings and office building. S/s Main Road. Greenport. Await reply to letter. 1000-46-1-2.1. Appl. No. 3752 - VARUJAN ARSLANYAN. Variance for pool in ~i~eyard. C.R. 48, Greenport. Await reply from attorney. 1000-52-1-8. Appl. No. 3449 - FRANK AND ETHELiBEGORA. Set-off of land. ROW off N/s Main Road, East Marion. Awaiting Co. Health and P.B. input. 1000-31-4-19. Appl. No. 3274 - BEST, SC~ITT, ~YVERSON. Subdivision of property proposal during 80,000 sq. ft. reguirement. Property now zoned R-40. Update will be needed by .Building Inspector when applicant decides to proceed. requested.) 1000-123-6-17. Appl. No. 3356 - PAUL AND MARIETTA and wetland setback. Meadow Lane, Trustees and reply. 115-5-8. (Information previously CAN.A~.IZO. Frontyard setback ~ttltuck. Await DEC, Appl. No. 3183 - MARY N. CODE. Merger of lots at Goose Neck Estates, Southold. Await DEC and Planning Board applications to be filed for coordination/action. 1000-76-2-4. Appl. No. 3537 - ROBERT AND SUSAN D'URSO. Dwelling with insufficient frontyard and wetlands setback. Await input from DEC, Trustees. 89-2-8. Appl. No. 3589 - MARY J. GETOFF. Variance for insufficient area, width and depth. Waterview Drive, Southold. Await Planning Board input. 78-7-20. ApD1. No. 3690 - SOI~AIA AND RICHARD GREENFIELD. Construction within 100 feet of bluff at Cabots Woods, Peconic. Request by applicant to temporarily place on hold until further direction. 73-4-2.2 ., Southold Town Board of Appeals-14-March 9, 1989 Regular Meeting (UPDATED LIST OF PENDING APPLICATIONS, continued:) Appl. No. 3788 - SUN REFINING & MARKETING. Variance to convert repair and gas service station into gas and convenience storage facility. Main Road and Factory Avenue, Mattituck. Await P.B. input and SEQRA coordination. 142-1-27. Appl. No. 3789 - SUN REFINING & MARKETING. Special Exception. (Same as above) , App1. No. 3627 - LILLIAN VISHNO. Variance as to insufificient area, width and depth for three proposed lots. 810 Corwin Street, Greenport. Await Co. Health and P.B, applications/reviews/coordination. 48-1-47.~. Appl. No; 3445 -.JULIUS ZEBROSKI. Variance for approval of insufficient area and width of two proposed lots. E/s Waterview Drive and N/s B~.~view Road, Southold. Await!title search and Planning Board L~put. 78-7-32.7. Appl. No. 3426 - GERALD DOROSKI. Variance for approval of access. N/s C.R.: 48, Peconic. Await maps f~om applicant showing traveled ~and legal portions of ROW. ENVIRO~W~DHC.LAP~...TIONS:- On motion by~r. ~oehringer, seconded by Mr. Sawick~, ~t was P~SOLVED, to ~eclare th~ following Environmental Declarations ~urSuant to Par~ 617 .of the iml~e~enting regulations pertaining to Ar~lclei8 of the NI.Y.S. Environmental OualityReview Apt of the ~lviron~ental. Conservation Law and Local Law %44-4 Of the To~n o~ SoUthold. Appl. No. 3839 - Rev. Charles Bell App1. No. 3813 - Sheldon Hills as Trustee Ap~l. No. 3826 - Gladys W. Howell Ap~I. No. 3825 Susan A. Forks Appl. No. 3824 iNick and Kat~eNicholau~ Appl. No. 3811 - Richard and ~anet Schlu~pf ADp1. No. 3828 - Itose~ary Sullivan Appl. No. 3823 - Tho~asTho~pson (continued on ~o~lowing pages) "S~uthold Town Board of Appeals -~5- (Environmental Declarations, Continued:) Mar. 9, 1989 Regular Meeting S..E.O.R.A: NEGATIVE BNV~RON~,NTAL DEC,LARATION Not,ice Of De,term ation of Non.-.Si~nifican~c6 APPEAL NO.: PROJECT NAME: 3839 REV. CHARLES BELL This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the.N.¥.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southoid. This board determines the Within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: . IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Construct additon'at rear of eKisting dwelling with an insufficient rearyard setback.. LOCATION OF PROJECT: Tow~ of Southold, County of. Suffolk, more particularly known as: 1330 Donna Drive, Matti~uck; NY 1000-115-15-15 REASON(B) SUPPORTING THIS DETEP. MINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQEA , 'S~uthold Town Board of Appeals - 16- March 9, 1989 Regular Meeting (Environ.mental Declarations, Continued'.) S.E.Q.R.A. NEGATIVE EN~..IRONMENTAL DECLARATION Notice of Determination of Non-Si~nificanc~ APPEAL NO.: 3823 PROJ~-CT NAME: THOMAS THOMPSON This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the ,N.¥.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which ~ay also have an application pending for the same or simil&r project. TYPE OF ACTION: . IX] Type II [ ] Unlisted [ k DESCRIPTION OF ACTION: Approval' of existing swimming pool with deck areas which will have an insufficient ~earyard. getback 'which attached by a raised deck to the rear of the exlstlngawelllng LOCATION OF PROJECT: Town of Southold, County of~uffolk, more particularly knQwn as~ 2890 Bridge Lane., .Cutcho~ue,'Nx 1000-85-2-22 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been s~bmitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA " 'Sbuthold Town Board of Appeals -17- (Environ~,ental Declarations, Continued:) March 9, 1989 Regular Meeting S.E.Q.R.A. NEGATI.,VE ~NVIRONMENTAL, DECLARATION Notice of Determination of No,n-Significa~c6 APPEAL NO.~ 3813 PROJECT NAME: SHELDON HILLS as TRUSTEE1 FOR BARTERAMA ~ORP.. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the.N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law t44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: . IX] Type II [ ] Unlisted [ k DESCRIPTION OF ACTION: Permission to reduce side yards..to less than required 20 and 25 feet, and less'than the total 45 feet for both .sideyards LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Private Road #11,_extending of'~ N/s Sound Avenue, Mattituck,.N¥ 1000-112-1-12 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13,6 NYCRR, SEQRA ~. ,S~uthold Town Board of Appeals -18- (Environmental Declarations, Continued:) Mar. 9, 1989 Regular Meeting S.E.Q.R.A. NEGATIVE ~NVIRONMENTAL DECLARATION Notice of Detez~.i~tign of Non-Si~nificanc6 APPEAL NO.~ 3826 PROJECT NAME: GLADYS W. HOWELl. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the .N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: . [':i] Type II IX] Unlisted [ ] DESCRIPTION OF ACTION= Approval of conversion of existing accessory building for dwelling use, accessory to the main dwelling structure .LOCATION OF PROJECT: Town Of Southold, County of, Suffolk, more particularly knQwn as: 51470 Mai~ Road, ~ogthold, ~Y ' 1000-70-2-2 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This is an application concerning use of'premises and is not~' directl~ related to new construction. -' 'S~uthold Town Board of Appeals -19- March 9, 1989 Regular Meeting (Environmental Declarations, Continued:) S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si~nificanc6 APPEAL NO.~ 3825 PROJECT NAME: Susan A. Forbes This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the .N.¥.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Approval of open deck addition with an insufficient front yard setback LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: 1075 Narrow River.Road, Orient; NY 1000-27-3-6.2 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been' submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA For further information please contact: Linda Kowalski, Secretary Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516-765-1809. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc ,' ~S~uthold Town Board of Appeals -20- Mar. (Environmental Declarations, Continued: 9, 1989 Regular Meeting S.E.0.R.,A. NEG. ATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Si~nifican. c6 APPEAL NO. = PROJECT NAME 3824 NICK AND KATIE NICKOLAUS This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the.N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project ~ot to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice thit this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: DESCRIPTION OF ACTION: than the required rear yard .LOCATION OF PROJECT: Town of S0uthold, County of. Suffolk, more particularly knQwn as: 17555 Sound~iew Ave., Sou_thold, NY 1000-51-1-2 REASON(S) SUPPORTING THIS DETERMINATION: {1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; {2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA . IX] Type II [ ] Unlisted [ ] Locate ~ccessory building in an area other ~' 'Sbuthold Town Board of Appeals -21- (Environ~.ental Declarations, Continued:) March 9, 1989 Regular Meeting NEGATIVE ENVIRON.MENTAL DECLARATION Notice .of Determination of Non-S.ignifica~n. c6 APPEAL NO.~ PROJECT NAME: 3811 RICHARD AND JANET SCHLUMP~ This notice is issued pursuant to Part 617 of the /mplementing regulations pertaining to Article 8 of the.N.¥.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Ple~ee take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the ~ame or simil&r project. TYPE OF ACTION: · IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: (a) cons.truct principal building, with an insufficient front yard setback, and (b) Section 280-a for approval of access LOCATION OF PROJECT: Town of Southold, County of. Suffolk, ~roef particularly knQwn as: Silkworth .Road extending from the east si Westphalia Ave., Mattituck, NY REASON(S} SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA (3)'This is an application cerning use over an existing traveled right-of-way and for requirements satisfactory for emergency access ~' ~S~uthold Town Board of Appeals -22- March 9, 1989 Regular Meeting (Environ~..ental Declarations, Continued:) S.E.Q.R.A. N~.GATIVE ENVIrON.MENTAL.. DE.C..L~. RAT.IO.N Notice of Determination of Non-Significanc~ APPEAL NO.~ 3828 PROJECT NAME: ROSEMARY SULLIVAn. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the .N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or simil&r project. TYPE OF ACTION: · IX] Type II [ ] Unlisted [ L DESCRIPTION OF ACTION: Construct 10' by 14'. addition (replacing existing deck) with an insufficient rearyard setback and in excess.of the maximum 20% lot coverage requirement. LOCATION OF PROJECT: Town of Southold, County of,Suffolk, more particularly knpwn as: 5365 Pe¢onic Bay ~lvd., ~aure~, ~ 1000-128-1-11 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- manted as planned; (2) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA Southold Town Board of Appeals-23- March 9, 1989 Regular Meeting ( Bh'VI~AL I~CLAItATIONS, continued: ) Vote of the Board: Ayes: Nessrs. Goehrin~er, Doyen, Grigonis, Sawicki and Dinizio. This resolution was duly adopted. APL ICA O~ : The BoardNe~bers unanismuslya~/~oved the question~a~re rolm inserted into the appIlcatiol~ package~ for Bed and BEeak~aBt or A~cessDry Apartment projects, which makes inquiries as to the interests the parties involved or ocoupFing the premises, pending contracts of sale, leases, or other i~l~ozmation concerning the property, property owners, applicants, and occupants. 11:50 p.m. Considering the lateness of the meeting, the remaining portions of tonight's agenda were ca~riedoVer to next ThursdayVs meeting. The Chairman declared the meeting adjourned at 11:50 o'clock p.m. Resl~ectfully sttlauitted, Southold Town Board Of Appeals